Britt v. Steffen
In Britt v. Steffen, 220 Ariz. 265, 267,10, 205 P.3d 357, 359 (App. 2008), the Court pointed out that the statute allowing attorney's fees to the successful party in a contract case, A.R.S. 12-341.01(A) (West 2013), permits the court to grant fees to the defendant when a complaint is dismissed without prejudice, "even though such a dismissal does not operate as an adjudication upon the merits." Id. at9.
At issue in Britt was a dismissal of a complaint for lack of prosecution; we held that Rule 54(g)(2) allowed fees because the dismissal terminated the action. Id. at 268,11, 205 P.3d at 360;